Author: chris

CPDP’s panel on Regulatory Choices and Privacy Consequences featured discussion of Ken Bamberger and Deirdre Mulligan’s Privacy on the Ground and my FTC Privacy Law and Policy books.

Dan Solove has run a Q&A on LinkedIn concerning FTC Privacy Law and Policy featuring 5 things all practitioners should know about the FTC.

Here is a link (free version here) to a Q&A with Bloomberg BNA Privacy & Data Security News Senior Legal Editor Jimmy H. Koo. Thank you, Jimmy for letting me discuss the early history of the FTC and how turn-of-the-century tensions shape how we regulate privacy today. [pdf-embedder url=”https://hoofnagle.berkeley.edu/ftcprivacy/wp-content/uploads/2016/02/newhoofnagleInt.pdf”]

My FTC book should be available tomorrow in Amazon. Meanwhile, Cambridge UP has published the front matter, and index.

I would have chosen a different title for this one, perhaps “Citizens Rejoice! The ‘Libertarians’ Think The FTC Has Lost Credibility.” It is much more about the anti-FTC lobbying rhetoric than specific business practices. The Federal Trade Commission’s strategic enforcement of privacy cases has struck a nerve. The business lobby has responded on the opinion…

This provocative question was posed by Robert Gellman in a 1997 essay that explores the federal Privacy Act of 1974. Gellman concluded that the Privacy Act largely failed to control the expansion of government personal information databases and matching of citizen data among agencies, but compared the act’s failures to the wiretapping law, which he…

As Professor Finn Brunton observes, spam evokes strong responses. Dan Balsam, a California lawyer, has made a career of suing spammers and maintains one of the most comprehensive resources for small-claims antispam litigants.14 Balsam and Timothy Walton brought the first consumer spam case that went to trial in California, against a spammer that raised eighteen…

The prolific GULC Professor Rebecca Tushnet comments on 43(B)log on FTC Privacy Law and Policy: This is a detailed, clearly written guide to the FTC, with specific attention to its privacy practices but including an extensive discussion of its overall history and jurisdiction, at least on the consumer protection side; the antitrust side receives much…

Students of the Commission are probably familiar with Robert V. Larabee’s The Federal Trade Commission: A Guide to Sources. My bibliography builds upon Larabee, and includes everything I could find on the FTC’s consumer protection and privacy missions. There are also some difficult to find resources, such as the memo George Rublee used to lobby…

The cover for my book is ready. Many of the books about the FTC use the agency’s iconic horse statuary for the cover. I chose not to use the horses because the meaning of the statuary cannot be interpreted without seeing both statuaries: the version where man punishes business and the one where business bites…

The FTC has released an enforcement policy statement on so called “native” advertising. This development signals that the FTC is about to take cases against advertorials. The FTC probably has even selected characteristics of native ads it wants to bring its first cases against. Expect the first cases to contain violations of all the sections…

I did a short interview with BNA on the Wyndham settlement here.